Sunday, May 16, 2010

When are you truely forgiven??

I have a client that committed a heinous crime 20 years ago. He spent 4 years in prison followed by 10 more years on probation. This is a man who has truly changed. Since his release from prison 16 years ago this man hasn't had so much as a parking ticket. But the State of Florida and the City of Miami in their infinite wisdom have made it virtually impossible for this man live anywhere within Miami-Dade County. This man is not allowed to live within 2500 feet of a school, church, daycare, preschool. What this does in effect leaves nowhere for my client to live. He can't get a job because of his criminal record and he can't afford to live in any of the few places in Miami that don't fall within the restricted zones because he has no job and no money.


My client was peacefully going about his life trying to find work and mind his own business when he was arrested and hauled off to jail for living in a restricted zone. And now the state wants to put him in jail for a minimum of 30 days because of where he could afford to live???? And with a new conviction, even a misdemeanor one, it will be even more difficult to get a job and to be able to afford to live outside of the restricted zone.

The state attorney tells me that she's being generous and only asking for 30 days. If my client decides to take his case to trial she's going to be seeking 60 days. 30 days??? 30 days for something he did 20 years ago? 30 days for a man who has paid his debt over and over again. 30 days for a man who continues to pay his debt every time he is denied employment because of his criminal record. When is enough a enough?

I don't know what's more frustrating? Knowing by not being well off and able to afford to live in a non restricted zone this man broke the law. Knowing that if we go to trial will lose. Knowing that there is nothing I can do for this man. I'm his lawyer and I'm supposed to be able to help him but I'll I can say is you should consider the plea of 30 days you don't have a good trial case. Or knowing that as a society we say we believe in redemption and rehabilitation but when it comes right down to it, we don't... not really.. Instead we hold strong to the belief that once a criminal always a criminal. It’s only a matter of time before this man offends again. So its better that we treat him as something less than human, then give him the chance to offend again.

Forgiveness...sadly it’s a little too elusive in our criminal justice system.

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